TERMS OF SERVICE
Effective Date: February 19, 2024
- Introduction:
Welcome to Modishye Blog! We are the operators of this Website. By accessing any part of the site, you agree to adhere to the terms and conditions outlined herein. These Terms of Service apply to all Users; reviewing them before utilizing our Website is essential. If you disagree with any portion of these terms, kindly refrain from accessing the site or utilizing any of its services. Any new features or tools introduced on the site will also be subject to these terms. You must be at least sixteen (16) years old to access and utilize the Website and app. By using this Website and/or the app, you acknowledge that you have read and accepted these Terms of Service, constituting a legally binding agreement between you and Modishye Blog governed by Texas State Law, United States. Failure to agree to these terms necessitates refraining from using the app, Website, or any associated content or services. The terms “you” or “your” pertain to the individual or legal entity identified as the user upon registration on the Website or app.
Modishye Blog provides access to digital products. These items, curated by Modishye Blog’s creator, Yeyeside Talabi, are designed to meet the needs of our customers and offer a mix of educational insights and personal reflections across categories including, but not limited to Culture, Finance, Passions, and Education. We aim to inspire you to navigate life’s challenges using the practical tips shared in our blog.
Your usage of our Service is authorized solely for personal use. We reserve the right to update or modify these Terms of Service at any time by posting changes on the Website. It is your responsibility to check for updates regularly. Your continued use of the Website after changes are posted indicates acceptance of those changes.
- Usage of Website Terms:
2.1 Authorized Usage:
a) Products must only be used for lawful and authorized purposes.
b) Service usage must adhere to the laws of your jurisdiction, including copyright laws.
2.2 Age Representation:
a) By accepting these Terms of Service, you affirm that you are of legal age in your state or province.
b) If you are of legal age and provide consent, minors under your care may use this site.
2.3 Prohibited Activities:
a) Transmitting worms, viruses, or any malicious code is strictly prohibited.
2.4 Violation Consequences:
a) Violating any Terms will result in immediate termination of your Services.
3. Acceptance of Privacy Policy:
3.1 Acknowledgment of Privacy Policy:
Upon acceptance of this Agreement, you acknowledge and agree to comply with the terms outlined in the Modishye Blog’s Privacy Policy. The Privacy Policy offers detailed information on the handling of your data. If you disagree with any terms of the Privacy Policy, it is advisable to refrain from using the Site.
- General Conditions:
4.1 Right to Refuse Service:
a) We reserve the right to refuse service to any individual at our discretion and for any reason.
4.2 Content Transmission:
a) Your content, excluding credit card information, may be transmitted unencrypted, including over various networks and technical adaptations.
4.3 Credit Card Information Encryption:
a) Credit card information is consistently encrypted during transmission across networks to ensure security.
4.4 Usage Restrictions:
a) Reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Service, its usage, or access without our explicit written consent is prohibited.
4.5 Headings for Convenience:
a) The headings used in this agreement are for convenience only and do not impose limitations or affect these Terms.
4.6 Customer Information:
a) Any customer data provided or imported by Modishye Blog shall remain its property.
b) By using the Service, you authorize Modishye Blog and its affiliates to use, modify, execute, display, distribute, and disclose such customer data as necessary to provide the Service and for internal business purposes by Modishye Blog’s privacy policy.
4.7 Service Pricing Information:
a) Pricing information for services entered or imported by Users shall remain the property of Modishye Blog. Individual pricing data will not be disclosed to third parties without user consent; however, Modishye Blog reserves the right to aggregate and anonymize pricing data for business purposes.
4.8 Feedback:
a) By providing feedback regarding the Service, including any flaws, errors, bugs, or suggestions for improvement (“Feedback”), you grant us all rights, including intellectual property rights, in the Feedback. This includes the right to utilize the Feedback and related information in any manner we deem appropriate.
4.9 User Content Guidelines:
a) Our platform allows Users to create and share various content, including text, images, videos, and comments, referred to as “Contributions.” When making Contributions, Users must adhere to the following guidelines:
(i) Ensure Contributions do not infringe upon the rights of third parties.
(ii) Obtain necessary permissions for using Contributions on our platform.
(iii) Obtain consent from identifiable individuals featured in Contributions.
(iv) Ensure Contributions are accurate, truthful, and respectful.
(v) Refrain from solicitation, spam, or unauthorized advertising.
(vi) Comply with all applicable laws and regulations, including privacy and hate speech laws.
(vii) Avoid offensive or discriminatory content based on race, nationality, gender, etc.
(viii) Violation of these guidelines may result in termination or suspension of access to the platform.
(viii) We reserve the right to moderate user content and remove inappropriate content. Users are responsible for the accuracy and legality of their Contributions, and we assume no liability for user-generated content.
5. Payment Policy:
5.1 At Modishye Blog, we require full payment in advance for all the products we offer.
5.2 We offer our customers the convenience of multiple payment methods, including credit card, Apple Pay, and Google Pay. By selecting Apple Pay or Google Pay as your preferred payment method, you agree to comply with their respective terms of service and privacy policies. You understand and agree that any transactions conducted through Apple Pay or Google Pay are subject to the terms and conditions set forth by Apple Inc. and Google LLC. We shall not be responsible for any disputes, claims, or liabilities arising from your use of Apple Pay or Google Pay. It is important that you take the time to review and adhere to the terms and policies established by Apple and Google for using their payment services.
5.3 When customers opt to provide their credit card information, they authorize Modishye Blog to automatically charge their card for any charges applicable to their account.
5.4 Please note that failure to make timely payments may result in suspending access to the digital products you purchased until the outstanding balance is settled. We aim to ensure seamless access to our digital products while maintaining financial integrity.
- Refund and Cancellation Policy:
At Modishye Blog, we prioritize transparency and user satisfaction. Here’s what you need to know about our refund and cancellation policy:
6.1 Delivery of Digital Content:
a) Unless explicitly specified otherwise, digital content purchased on our Website is delivered via download on the User’s chosen device(s). It is important to note that Users must have legal, commonly used, up-to-date software (including operating systems) on their intended device(s) to download and/or use the product effectively. Users understand and accept that the ability to download the purchased product may be subject to limitations based on time and geographical location.
6.2 Cancellation Process:
a) Cancellations become effective on the day they are processed by Modishye. Upon cancellation, customers will receive an email notification confirming the cancellation request.
6.3 Refund Policy:
a) Modishye Blog does not issue refunds for any fees paid by customers unless there is a material breach of the agreement by Modishye. Our refund policy outlines specific scenarios in which refunds may be considered. For detailed information on our refund policy, please refer to the dedicated section on our Website.
7. User Registration:
At Modishye Blog, we value transparency and security in our user registration process. Here’s what you need to know:
7.1 Registration Requirements:
a) To access specific features of our Website, App, and/or Service, Users must register. During registration, Users must provide their complete legal name, a valid email address, and any other details requested in the signup process. By registering, Users commit to providing accurate, up-to-date, and comprehensive information as prompted by the registration form.
7.2 Alternative Registration Methods:
a) In addition to the standard registration process, Users can access our Website, App, and/or Service by linking certain social networking services (SNSs) they are connected to or through an account with the App provider for their mobile device.
7.3 Privacy Policy:
a) Any personal information provided during the registration process will be handled and stored in accordance with the Modishye Blog Privacy Policy. We prioritize the protection of user data and ensure compliance with privacy regulations.
7.4 Email Collection:
a) As part of our service, we collect email addresses from Users who download content from our Website. We handle this information in line with our Privacy Policy.
8.Products and Services:
8.1 Sales Limitations:
a) While we aim to make our products and services accessible to everyone, we reserve the right to limit sales to certain individuals, geographic regions, or jurisdictions. This allows us to ensure compliance with applicable laws and regulations. We may exercise this right on a case-by-case basis to maintain the integrity of our offerings.
8.2 Quantity Limitations
a) We also reserve the right to limit the quantities of any products or services we offer. This helps us manage inventory and ensure all customers can access our offerings.
8.3 Flexible Pricing and Descriptions:
a) All descriptions of products or product pricing are subject to change at any time without prior notice. We may update pricing or product descriptions at our sole discretion to reflect market conditions or product enhancements. Additionally, we reserve the right to discontinue any product anytime if it no longer aligns with our standards or business objectives.
8.4 Quality Assurance:
a) While we strive to deliver high-quality products and services, we cannot guarantee they will meet every customer’s expectations. We are committed to promptly addressing issues and ensuring customer satisfaction. If you encounter any errors or have concerns about our services, please contact our support team at support@accordingtomodishyeblog.com
8.5 Legal Compliance:
a) It’s important to note that any offer for products or services on our site is void where the law prohibits it. We adhere to all relevant regulations and laws governing the sale and distribution of our products and services.
9.Third-party Engagement:
9.1 Diverse Content and Services:
a) Our Service may feature content, products, and services sourced from third-party providers. These offerings complement our own and enrich the user experience by providing diverse perspectives and resources.
9.2 External Links Disclaimer:
a) Please note that third-party links on our site may redirect you to external Websites that are not under our control. While we strive to ensure the quality and relevance of these links, we do not have direct control over their content or accuracy.
9.3 No Endorsement or Warranty:
a) Our Website may contain links to Websites and features advertised through banners or other forms of promotion. Modishye Blog does not endorse or warrant the content of these external links, nor do we monitor or assess them for accuracy, adequacy, validity, reliability, availability, or completeness. We expressly disclaim any warranty, endorsement, guarantee, or assumption of responsibility for the accuracy or reliability of information provided by third-party Websites linked through our site or any Websites advertised through banners or other promotions. Additionally, we are not involved in or responsible for any transactions between you and third-party providers of products or services. We do not assume any liability or responsibility for any issues arising from your interaction with third-party content or services.
9.4 Purchase and Usage Risks:
a) We want our Users to make informed decisions when engaging with third-party content, products, or services. We are not liable for any harm, damages, or issues related to your transactions with third-party Websites. It’s essential to review and understand the policies and practices of these third parties before engaging in any transactions or interactions.
9.5 Addressing Concerns:
a) If you encounter any complaints, claims, concerns, or questions regarding third-party products or services, we encourage you to contact the third-party provider directly. They will be better equipped to address and resolve any issues you may have.
10.Mistakes, Inaccuracies, and Omissions:
10.1 Potential Errors, Inaccuracies, and Omissions:
a) Our Website or content may contain errors, inaccuracies, or omissions, particularly in product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify or update information or cancel orders if necessary without prior notice, even after an order has been submitted.
10.2 Information Update Policy:
a) We are not obligated to update, amend, or clarify information on the Service or related Websites, including pricing information, except as required by law. The absence of a specific update or refresh date does not imply that all information on the Service or related Websites has been revised or updated.
10.3 Customer Awareness and Communication:
a) It is important to note that while we strive to provide accurate and up-to-date information, we make no explicit or implicit representation or warranty concerning the content’s accuracy, adequacy, validity, reliability, availability, or completeness. We cannot guarantee the absence of errors, inaccuracies, or omissions. Customers should rely on the most current information available and contact us if they have any questions or concerns regarding the accuracy of the information provided.
11. Prohibited Use Policy:
11.1 Content Usage and Conduct:
a) Users are strictly prohibited from:
(i) Reproducing content without authorization.
(ii) Posting objectionable or infringing material.
(iii) Misusing communication features for spam or malicious intent.
(iv) Introducing viruses or disseminating false information.
(v) Creating privacy risks or impeding access for others.
(vi) Users must adhere to these guidelines, and attempts to evade service blocks are forbidden.
11.2 Identity Verification and Conduct:
a) Users must refrain from:
(i) Impersonating others or disrupting services.
(ii) Violating laws, including unauthorized data collection.
(iii) Misusing the platform for unauthorized purposes.
(iv) Soliciting minors or engaging in unlawful activities.
(v) Circumventing security measures or content restrictions.
11.3 Systematic Data Retrieval and Fraudulent Activities:
a) Users are not allowed to:
(i) Systematically extract data without permission.
(ii) Attempt to deceive or defraud the site or its Users.
(iii) Interfere with security features or site functionality.
(iv) Harm the reputation of Modishye Blog or its content.
(v) Utilize site information for harassment or abuse.
11.4 Misuse of Support Services and Compliance with Laws:
a) Users must refrain from:
(i) Improperly using support services or filing false reports.
(ii) Violating any applicable laws or regulations.
(iii) Engaging in unauthorized framing or linking.
(iv) Uploading viruses or engaging in spamming activities.
11.5 Automated Usage and Unauthorized Modifications:
a) Users are prohibited from:
(i) Engaging in automated system use or data extraction.
(ii) Deleting copyright or proprietary notices.
(iii) Attempting to impersonate other Users.
(iv) Uploading or transmitting material for information collection.
11.6 Interference and Harassment:
a) Users must not:
(i) Interfere with site functionality or network services.
(ii) Harass, intimidate, or threaten Modishye Blog anyone who has contributed to the creation or maintenance of the Modishye Blog Website
(iii) Attempt to bypass site security measures.
11.7 Software Copying and Reverse Engineering:
a) Users are restricted from:
(i) Copying or adapting Modishye Blog’s software.
(ii) Decompiling or reverse-engineering the site’s software.
11.8 Unauthorized Use and Commercial Activities:
a) Users are prohibited from:
(i) Using automated systems for purchasing.
(ii) Collecting user information for unsolicited emails.
(iii) Using the site for revenue-generating endeavors.
Failure to comply with these guidelines may result in the termination of access to the Modishye Blog.
- Changes to the Service and Pricing:
12.1 We may adjust the prices of our products without prior notice. At any time, we retain the right to alter or terminate the Service, including specific features or content, without prior notification. Such modifications may include changes to pricing, temporary or permanent suspension of service, or discontinuation of certain features or content. We hold no responsibility towards you or any third party for any adjustments, price fluctuations, interruptions, or cessation of the Service.
12.2 During the purchasing process, Users will be duly informed and provided with details regarding any applicable fees, taxes, and expenses, including delivery charges, before finalizing their order. This ensures transparency and enables Users to make informed decisions regarding their purchases.
- Product and Service Warranty:
13.1 Service Performance:
a) We do not assure uninterrupted or error-free functionality provided by Modishye or our collaborators. While we strive for reliability, we cannot guarantee that our Website will operate without interruptions or that any defects will be promptly corrected.
13.2 Specific Outcomes:
a) The content provided on our Website, accordingtomodishyeblog (“we,” “us,” or “our”), located at https://accordingtomodishyeblog.com (the “Site”), is intended for general informational purposes only. Your use of the Site and reliance on its information is at your own risk, and we shall not be liable for any loss or damage incurred.
We do not promise specific results from using our products or Website. While we endeavor to offer high-quality solutions, individual outcomes may vary and are not guaranteed.
- Limitation of Liability:
14.1 Modishye assumes no liability for any damages resulting from your use of the Website, app, or products, including material errors or unauthorized data access. Even if Modishye is aware of potential damages, its liability is limited to $100 or the amount paid in the prior twelve months, whichever is lesser. These limitations are subject to applicable laws but may not apply in certain jurisdictions. If you’re dissatisfied with the products or terms, your only option is to stop using the Website.
14.2 By using the Service, you acknowledge that your usage is at your own risk. The Service and all products delivered through it are provided “as is” and “as available” without any representation, warranties, or conditions, whether express or implied. This includes all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, and non-infringement.
14.3 In no event shall Modishye or its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or any products procured using it. This includes but is not limited to lost profits, loss of data, or any similar damages, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such cases, our liability shall be limited to the maximum extent permitted by law.
- Indemnification:
15.1 You agree to indemnify and hold Modishye and its subsidiaries, affiliates, officers, agents, and collaborators (referred to collectively as the “Modishye Parties”) harmless from any claims, actions, proceedings, demands, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from any materials you submit, post, transmit, or make available through the Website, and/or any violation by you of these Terms of Service, the rights of any third party, or any applicable law or regulation. Modishye will notify you of any such claim, suit, or proceeding and reserves the right to assume exclusive defense and control of the matter subject to indemnification with your agreement to cooperate. Settlement of any claim against the Modishye Parties requires Modishye’s written consent. This provision does not require you to indemnify Modishye for any unfair commercial practices or fraudulent activities by Modishye in connection with the Website or any products provided.
- Governing Law:
16.1 These Terms are subject to the laws of the jurisdiction where Modishye Blog operates, as specified in the pertinent section of this agreement, disregarding conflict of laws principles. The exclusive jurisdiction to resolve any disputes arising from or related to these Terms rests with the courts of the jurisdiction where Modishye Blog operates, as indicated in the relevant section of this document. These Terms are governed by, and all disputes arising from them shall be governed by the laws of Texas, United States, ensuring consistency and clarity in legal proceedings.
- Dispute Resolution:
17.1 In case In the event of any disputes concerning the use of the Service, Users are encouraged first to contact support@accordingtomodishyeblog.com. While Users retain the right to pursue legal action if necessary, the Owner of Modishye Blog, Yeyeside Talabi is committed to resolving disputes amicably. Users can send a formal complaint to escalate the resolution process, including a brief description of the issue and relevant details, such as order numbers or account information to Yeyeside Talabi’s e-mail address at accordingtomodishyeblog@gmail.com. We will promptly address the complaint and aim to provide a resolution within 21 days of receipt.
17.2 Severability: If any part of this Arbitration Agreement is deemed invalid or unenforceable under the law, the parties agree to replace such part with a valid and enforceable term that best reflects the intention of the invalid portion. The modified Arbitration Agreement will then be enforceable.
- Changes to Terms of Service:
18.1 You can always access the latest version of the Terms of Service on this page. We reserve the sole right to update, modify, or substitute any portion of these Terms of Service, and we will communicate such changes by posting updates on our Website. It is your responsibility to check our Website for any amendments regularly. Continued use of our Website or the Service after any modifications to these Terms of Service signifies your acceptance of those changes.
- Disclaimers:
19.1 The Modishye Website, Service, and all materials provided therein are presented “as is,” with no warranties regarding their suitability for your specific needs, uninterrupted availability, timeliness, security, or error-free operation. Modishye does not assure the accuracy or reliability of results obtained from using the Website, nor does it guarantee that any errors will be rectified. Modishye expressly disclaims all representations, warranties, and conditions, whether express, implied, statutory, or arising from trade usage or course of dealing, including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality, or fitness for a particular purpose. Any information or material obtained through the Website is at your discretion and risk, and you bear sole responsibility for any damage to your computer system, loss of data, or other losses resulting from the download or use of such material. Modishye does not endorse, warrant, or guarantee any products or services advertised or offered by third parties through the Website, nor does it assume any responsibility for transactions you may engage in with such third parties. Modishye disclaims liability for any content exchanged via the Website.
- Termination:
20.1 Upon termination of this agreement, the obligations and liabilities of the parties incurred before the termination date shall remain in effect.
20.2 These Terms of Service shall remain effective until terminated by either party. You can terminate these Terms of Service anytime by informing us of your decision to discontinue using our Services or by ceasing to access our site.
20.3 If, at our sole discretion, we determine that you have failed to comply with any term or provision of these Terms of Service, or if we suspect such failure, we reserve the right to terminate this agreement without prior notice. In such cases, you will be responsible for any outstanding amounts owed up to and including the termination date, and we may deny you access to our Services or any part thereof accordingly.
- Website Use Instructions/Policies:
21.1 Affiliates Disclaimer:
Our Website may include links to affiliate Websites, and we may earn affiliate commissions from purchases made by you on these affiliate Websites through the provided links. Our affiliates may include companies such as Rakuten Affiliate Network, Discover, Acorns, and Fiverr.
21.2 Website Development Acknowledgements:
Our Website was developed by inouman724 on Fiverr, with additional features and modifications completed by sanchitafiverr, and legal policies were generated by arbish19 also on Fiverr.
- Entire Agreement:
22.1 The failure of us to exercise or enforce any right or provision of these Terms of Service does not waive such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or relating to the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service. Any ambiguities in interpreting these Terms of Service shall not be construed against the party responsible for drafting them.
- Additional Provisions:
23.1 These Terms of Service and any policies or operating rules posted on or relating to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not be construed as waiving such right or provision. These Terms of Service are intended to be enforced to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control. If any provision or part of a provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision or part thereof shall be deemed severable from these Terms of Service, and it shall not affect the validity and enforceability of the remaining provisions. These Terms of Service do not establish a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Service shall not be interpreted against us solely because we drafted them. By using the Site, you waive any defenses you may have based on the electronic form of these Terms of Service and the absence of signatures by the parties involved.
For any questions, please fill out the Website form or contact: support@accordingtomodishyeblog.com.
Updated On: April 18, 2024